/Ashley Brooks

About Ashley Brooks

Ashley Simon Brooks is Managing Partner at Schroder Brooks PLC. She had a sixteen-year career as in-house counsel, first at a promotions and marketing agency and then as associate general counsel for a billion dollar retail and wholesale company, prior to joining Schroder Brooks. She focuses her practice on issues around advertising, promotions, marketing, and media law. Her practice focuses on advertising, marketing and promotions law including agency/advertiser agreements, sweepstakes and contests, and federal and state regulations relating to the creation, production and dissemination of all forms of advertising, marketing, and promotion material in all media.

Do What You Say and Read What You Write

You have no doubt received emails from your favorite websites letting you know that their “terms of service have been updated”. As of May 25, the General Data Privacy Rule (“GDPR”) will be rolled out in the EU and many American companies will also have to comply. That’s why your inbox is full of updates.

But […]

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It’s been a busy year so far for the FTC and COPPA and as more and more kids’ products act like smartphones, it’s likely we are going to see increased attention on this topic from regulators.

As parents, the idea of tracking our child’s whereabouts using a kid friendly device that gives us access to their […]

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Clear and Conspicuous Wins the Race

A recent New York state case sheds some light on best practices when it comes to drafting online terms and conditions (“T&C’s”) for your website.

Online terms and conditions are a contract between you and your users or customers. A good set of T&C’s will address liability, collection of data, and intellectual property ownership, among others.

One […]

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It’s Not All Likes When it Comes to Social Media Advertising

We’ve read stories about brands behaving badly on social media and stories about noble marketing efforts that result in epic fails because of a bad post, or worse, a bad post gone viral.  Using social media can be tricky, so businesses seeking to advertise or otherwise use social media to communicate to their customers need […]

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Gut Check for Ad Agencies

February flew by but not before the Federal Trade Commission received its biggest settlement ever from an advertising agency for violations of the FTC Act, specifically over allegedly deceptive radio ads touting weight loss products. Two million dollars to be exact.

Marketing Architects, a Minnesota based ad agency, promoted various weight loss products for their client, […]

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Rules of the Road – Sweepstakes Part II

Everyone hates legalese. We get it.  And if you’re a sponsor running a Sweepstakes to attract consumers or visitors to your business or website, the idea of having ten pages of legal is probably downright loathsome.

However, regardless of the size of your promotion, Sweepstakes Rrules are the contract with your consumer and if the rules […]

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FTC action focuses on COPPA violations of toy maker

Internet connected toys have been a hot topic at the FTC but an action against toy company VTech Electronics Limited (“VTech”) is the first Children’s Online Privacy Protection Act (“COPPA”) enforcement action involving the technology.

COPPA is law under the umbrella of the Federal Trade Commission (“FTC”). It imposes certain obligations on operators of websites and […]

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Enter for a chance to win… but don’t take chances on sweepstakes compliance.

You’ve all seen the standard verbiage, “Enter for a chance to win. No purchase necessary. Void where prohibited”. But did you know that in order for a sweepstakes, contest or other game of chance to be legal, it has to comply with 50 separate sets of lottery and gaming laws?  Since states regulate lotteries and […]

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